Sec. 651. Authorization of alternative dispute resolution
- (a) Definition. - For purposes of this chapter, an
alternative dispute resolution process includes any process or procedure,
other than an adjudication by a presiding judge, in which a neutral third
party participates to assist in the resolution of issues in controversy,
through processes such as early neutral evaluation, mediation, minitrial, and
arbitration as provided in sections 654 through
658.
- (b) Authority. - Each United States district court shall
authorize, by local rule adopted under section 2071(a),
the use of alternative dispute resolution processes in all civil actions,
including adversary proceedings in bankruptcy, in accordance with this
chapter, except that the use of arbitration may be authorized only as provided
in section 654. Each
United States district court shall devise and implement its own alternative
dispute resolution program, by local rule adopted under section 2071(a),
to encourage and promote the use of alternative dispute resolution in its
district.
- (c) Existing Alternative Dispute Resolution Programs. - In
those courts where an alternative dispute resolution program is in place on
the date of the enactment of the Alternative Dispute Resolution Act of 1998,
the court shall examine the effectiveness of that program and adopt such
improvements to the program as are consistent with the provisions and purposes
of this chapter.
- (d) Administration of Alternative Dispute Resolution
Programs. - Each United States district court shall designate an employee, or
a judicial officer, who is knowledgeable in alternative dispute resolution
practices and processes to implement, administer, oversee, and evaluate the
court's alternative dispute resolution program. Such person may also be
responsible for recruiting, screening, and training attorneys to serve as
neutrals and arbitrators in the court's alternative dispute resolution
program.
- (e) Title 9 Not Affected. - This chapter shall not affect
title 9, United States Code.
- (f) Program Support. - The Federal Judicial Center and the
Administrative Office of the United States Courts are authorized to assist the
district courts in the establishment and improvement of alternative dispute
resolution programs by identifying particular practices employed in successful
programs and providing additional assistance as needed and appropriate.
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